SFGTV: San Francisco Government Television
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Nov 27, 2012
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i personally don't like when too many things are legal non conforping. i think we always see that as a challenge in the code. if there is a preponderance of use in a area and ideally like the part of the plan and what is the existing and that is my rational for favoring something like 3b. the other thing i do believe that office is more compatible use with the night time use and day time use and you can have night time use and create other sources of income and revenue for those buildings or property owners so that the two uses could co-exist and i know entertainment has the peaks and valleys for the financial success for them and having other options in the neighborhood would be worth while as well, and i think it would encourage restaurants and other uses, not just night life to be in the neighborhood. maybe a restaurant that has live entertainment. i do have a couple questions -- i saw -- you mentioned about no vertical architecture elements. i just wanted to understand what is the rational behind that? >> sure. so there were a number of design compon
i personally don't like when too many things are legal non conforping. i think we always see that as a challenge in the code. if there is a preponderance of use in a area and ideally like the part of the plan and what is the existing and that is my rational for favoring something like 3b. the other thing i do believe that office is more compatible use with the night time use and day time use and you can have night time use and create other sources of income and revenue for those buildings or...
SFGTV: San Francisco Government Television
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Nov 12, 2012
11/12
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again those eight permits could not have been issued if this wasn't a legal lot. in may they came to our office, mr. bab ner and the appellants and wanted lot history. it was an unusual request. i was out of town in june and we wanted the address because the request was unusual. they were seeking clarification about the approval process. we issued that letter in august. unbeimonst to us they submitted a request with public works to do a condo conversion so if units are opened -- owner occupied and we reviewed that. staff saw in the block books and what was shown is a lot that matched what is there today, so with that they approved it and found it code complying. then the appellant in this case appealed the issuance of the condo map that they applied for by the city to do the condo conversion. at that time they submitted a letter that they received from the department of public works in february which the county surveyor outlined a process they could determine the lot question. that's the first time i seen a written response from bruce and the letter they provided
again those eight permits could not have been issued if this wasn't a legal lot. in may they came to our office, mr. bab ner and the appellants and wanted lot history. it was an unusual request. i was out of town in june and we wanted the address because the request was unusual. they were seeking clarification about the approval process. we issued that letter in august. unbeimonst to us they submitted a request with public works to do a condo conversion so if units are opened -- owner occupied...
SFGTV: San Francisco Government Television
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Nov 1, 2012
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but i think that the legal advice is right. as long as for any of us, we feel that we have an open mind on the merits of an issue that is before us. people can judge from the conversation and the analysis and the decision that we make. >> mr. shaw? we... i will give you a chance to talk now on the... whether we should handle the matter issue, which is the preliminary matter and also the merits. if you would like to so address. >> thank you, because the my advice of how you perceive from mr. chat field is that i would only have public comment not any kind of presentation. >> and to that extend, the fact that you are rushing this thing through before adopting the final guidelines for referals of this sunshine cases should be waiting until you hammer out that process. instead of catching me the tail end of a old process that you don't like and you have not finished the other process. but i find it interesting that gibner said that he was not consulted before this was shipped off to miss herrick in san jose. apparently the commissi
but i think that the legal advice is right. as long as for any of us, we feel that we have an open mind on the merits of an issue that is before us. people can judge from the conversation and the analysis and the decision that we make. >> mr. shaw? we... i will give you a chance to talk now on the... whether we should handle the matter issue, which is the preliminary matter and also the merits. if you would like to so address. >> thank you, because the my advice of how you perceive...
SFGTV: San Francisco Government Television
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Nov 12, 2012
11/12
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we added on to note the determination and legality of the law. that was just a determination on the approval process, the first part, so that was distinction between the first and second letters. one was just the approval process, and actually i think in the original letter, and i am sorry we didn't share the original request from may with the board, but provided all these facts and they argued that the original subdivision didn't comply with the planning code and didn't have information about the old planning codes and that was part of our research. we actually determined what was proposed then of the three lots it did comply with the planning code and so -- i don't think it made much difference to the appellant whether it complied with the planning code or not. what was important to them is what happened after and not part of the original request, but we thought it was important to address that given the appeal on the condo map that we should give them the ability -- since our typical process is the letter of determination. that's what we have
we added on to note the determination and legality of the law. that was just a determination on the approval process, the first part, so that was distinction between the first and second letters. one was just the approval process, and actually i think in the original letter, and i am sorry we didn't share the original request from may with the board, but provided all these facts and they argued that the original subdivision didn't comply with the planning code and didn't have information about...
SFGTV: San Francisco Government Television
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Nov 6, 2012
11/12
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to the operations of authority, they assist us in for the legal services for parkway, island and brt and the formation of the treasure island mobility agency. it has a 7 percent dbe and lbe participation. and this item was brought before the cec on october 24 and there was a unanimous support. in terms of fiscal impacts, part of the costs for the contract that is funded by mlas with other city departments such as tida and tima for bueda island. we expect to receive more mous and will be using the prop a funds to offset the costs. in terms of me budget amendments we have the next budget to cover the majority of the contract and we will be bringing before the committee of an amendment of $177,000 over the course of the next month, at the mid year point. with that i am looking for a recommendation to exercise the first, one-year option for legal services with nossman llp and increase the contract amount by $350,000, for a total amount not-to-exceed $1.3 million for general legal counsel services and i am available to answer any questions that you may have. >> commissioners, david chiu h
to the operations of authority, they assist us in for the legal services for parkway, island and brt and the formation of the treasure island mobility agency. it has a 7 percent dbe and lbe participation. and this item was brought before the cec on october 24 and there was a unanimous support. in terms of fiscal impacts, part of the costs for the contract that is funded by mlas with other city departments such as tida and tima for bueda island. we expect to receive more mous and will be using...
SFGTV: San Francisco Government Television
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Nov 18, 2012
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it's a different situation. >> that's true. >> they can legally proceed. >> yes. that means they got the legal approvals at the time they went in and the zoning changed after the fact that made them no longer legal and the legitimate program and programs that could have gotten the approval you but didn't get them or maybe didn't pay the impact fees and couldn't legalize under the zoning and maybe went to another one and office was not permitted and gave them an opportunity when originally going in -- >> like the areas with the old sli was more vague. it was fairly permissive if i remember correctly than the sally was? no? >> not really. in terms of offices and housing under the sli there are two small ways to get that so for housing only if 100% affordable housing and for the other one is work space for design professionals and narrow and have to be on the third floor or above and certain feet and it's prescriptive and i don't know anyone that took advantage of it. >> i am just wondering and i know there are offices -- >> yeah and some went in before and some did
it's a different situation. >> that's true. >> they can legally proceed. >> yes. that means they got the legal approvals at the time they went in and the zoning changed after the fact that made them no longer legal and the legitimate program and programs that could have gotten the approval you but didn't get them or maybe didn't pay the impact fees and couldn't legalize under the zoning and maybe went to another one and office was not permitted and gave them an opportunity...
SFGTV: San Francisco Government Television
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Nov 25, 2012
11/12
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legal is legal non conforping and allowed to go on and maybe there were exceptions. there was a gentleman who spoke, mr. goodman and talked about a site he has and i'm not sure exactly where that is. is that within the aws pinses of the 11 ethstreet zoning. >> yes. essentially across the street from slims. >> okay. it's one of the spaces on the map that is marked in whatever color we're using -- >> it's actually not designated as a soft site because it is developed right now as the purple building but the proposal is to demolish that building and develop it as housing. >> the other consideration i might be interested in learning about is some kind of a middle ground if a project was begun 10 or five years ago and grandfathered if the investor decided to go go ahead and what they were doing and housing and good instillation i am not opposed to that grandfathering thing but to encourage more housing in the future for what is in process i don't know if that is a good idea. it's a fairly small zone and we have the rest of the area for housing. although the other thing th
legal is legal non conforping and allowed to go on and maybe there were exceptions. there was a gentleman who spoke, mr. goodman and talked about a site he has and i'm not sure exactly where that is. is that within the aws pinses of the 11 ethstreet zoning. >> yes. essentially across the street from slims. >> okay. it's one of the spaces on the map that is marked in whatever color we're using -- >> it's actually not designated as a soft site because it is developed right now...
SFGTV: San Francisco Government Television
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Nov 6, 2012
11/12
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the authority contacts the legal services with the city attorney for the general contract related items. we also have nixon peabody and squire. and nossman helping us. back in march of 2010, the board approved the three-year agreement with two-year options. we are currently in the third year, and the agreement will be expiring on june 30, 2013. back in december, 2011, you may remember, i brought before this committee, an amendment to that contract, to increase the contract by $300,000 to increase the contract to offset the cost spent and legal lawsuit related to the city of the presidio parkway project. >> in february of 2012, you may recall that i brought before the board an item to replace the $200 million dollar line of credit. athat time we were working with abdw and the rates were extremely high and we went out and came back with a new where it was yielding us a savings of $3.3 million over the court of three years. with that, we also encured $100,000 in services related to the commercial paper and this is the reason that i am bringing the item, a few months earlier than the contra
the authority contacts the legal services with the city attorney for the general contract related items. we also have nixon peabody and squire. and nossman helping us. back in march of 2010, the board approved the three-year agreement with two-year options. we are currently in the third year, and the agreement will be expiring on june 30, 2013. back in december, 2011, you may remember, i brought before this committee, an amendment to that contract, to increase the contract by $300,000 to...
SFGTV: San Francisco Government Television
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Nov 1, 2012
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>> you are asking whether there is a legal... whether you are legally can send it to an outside body? >> one question would be legally permitted and is there a policy consideration that i am not seeing? yes, for not putting it that way. >> i am not sure whether you are legally permitted to send the adjudication to an outside body. >> i see. the entire adjudication. >> right. right. if a single member, for instance, the executive director has been bared from the violation, he cannot make decisions or decisions involving his own character or conduct, but that does not mean that the ethics commission as a whole has a conflict and because our local laws charge the ethics commission with making the final determinations in these matters. i am not sure that the ethics commission can then send that final decision to another body to make. >> okay. so you think that we may not be legally permitted to send the entire case to another jurisdiction altogether? >> that is right. i see. okay. >> mr. grossman, please? >> sit down. >> there is tim
>> you are asking whether there is a legal... whether you are legally can send it to an outside body? >> one question would be legally permitted and is there a policy consideration that i am not seeing? yes, for not putting it that way. >> i am not sure whether you are legally permitted to send the adjudication to an outside body. >> i see. the entire adjudication. >> right. right. if a single member, for instance, the executive director has been bared from the...
SFGTV: San Francisco Government Television
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Nov 5, 2012
11/12
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i question whether it's legal or it's not legal to cut a curb and i don't see the initials mta, those initials there on the curb. and can someone rent -- put up a no-parking sign and charge rent to park cars? to park your car there? that is what i wanted to speak on. thank you. >> thank you, next speaker, please. >> hi. my my name is ellen swain and i live at 124 fillmore and i'm speaking in favor of the extending the variance. i am an attorney, not licensed currently in the state of california. i'm licensed on east coast in new hampshire and vermont, but i can come to fillmore house to study for the california bar examination. i have not gotten my results back. so i will tell you if it's good luck or not. what i have found since i have been there, it's a loverly place to live and it's a place i would like to continue to live n part because there are other professionals who live there. when i hear the comments about it being a hotel, i understand there has been some historic situations where that might have been the case, but that is certainly not the environment in the house. it does
i question whether it's legal or it's not legal to cut a curb and i don't see the initials mta, those initials there on the curb. and can someone rent -- put up a no-parking sign and charge rent to park cars? to park your car there? that is what i wanted to speak on. thank you. >> thank you, next speaker, please. >> hi. my my name is ellen swain and i live at 124 fillmore and i'm speaking in favor of the extending the variance. i am an attorney, not licensed currently in the state...
SFGTV: San Francisco Government Television
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Nov 11, 2012
11/12
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legalize those units, you won't have any problems. if they are not, if they can't be brought up to code, if they can't -- if the work can't be done, that's your responsibility. i think we gave plenty of time and to me it would be a little bit -- we shouldn't rehear this just as a pro forma thing when there's nothing being done, when they haven't even tried to pull a permit. if there was work in progress and your contractors, your architect, your engineer, said, we need more time, we're doing it, that's different. we've always been amenable to it. but to come back here and say you don't have enough time, that doesn't make enough sense to me. >> well, let's see. the only thing i ask is that the documents that the appellant produced from the fire department electrical inspection, the department hasn't reviewed that yet. should the department review that? >> commissioner, we didn't see any of the fire but it doesn't change, i don't believe it would change the overall nature of the notice of violation that there's two illegal units and the
legalize those units, you won't have any problems. if they are not, if they can't be brought up to code, if they can't -- if the work can't be done, that's your responsibility. i think we gave plenty of time and to me it would be a little bit -- we shouldn't rehear this just as a pro forma thing when there's nothing being done, when they haven't even tried to pull a permit. if there was work in progress and your contractors, your architect, your engineer, said, we need more time, we're doing...
SFGTV: San Francisco Government Television
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Nov 12, 2012
11/12
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they're legal documents but not when they're wrong. i mean we have obligation to enforce what we know to be the truth and we know there is a t and building here and two units and there is no indication it went from the three. >> there wouldn't have been a permit. >> exactly. we believe that the letter of determination is correct. we believe that the three hour report, the current one is incorrect. arguably the one from 1997 was correct and noted that the building code occupancy was r3 and up to two units so maybe the senior building inspector can address that and the record generated by the building inspection but i am available for any questions. >> mr. sanchez, just to see if you can concur that the sequence was as follows. when the developer got his approval and then recorded the nsr on lot 11e which was a single lot at that point and time. the subdivision map that created the three lots came after that. is that correct. >> that's correct. >> now based upon your knowledge of how that block notation works is there no transference bet
they're legal documents but not when they're wrong. i mean we have obligation to enforce what we know to be the truth and we know there is a t and building here and two units and there is no indication it went from the three. >> there wouldn't have been a permit. >> exactly. we believe that the letter of determination is correct. we believe that the three hour report, the current one is incorrect. arguably the one from 1997 was correct and noted that the building code occupancy was...
SFGTV: San Francisco Government Television
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Nov 15, 2012
11/12
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asking him legal questions and expecting him off the cuff to provide legal responses. and instead of being some what fair and saying, since mr. grossman is here and he is an attorney, let him speak to some of these issue and answer your questions, you would rather let it be mr. shaw who can't, and in your knowledge, answer those questions. so that you have justification for doing what you want to do. >> the bottom line is if you find mr. st. croix independent, you are preparing your own name. if you find him guilt y you are finding yourself guilty because delegation is not abdocation. >> good evening, dr. derek kerr again. one of the things that prompted mr. shaw's request, was the fact that retaliation had already occurred against the two whistle blowers who reported the misappropriations from the gift fund. i understand the they theory cal concept of protecting them in the future by keeping things confidential. but it doesn't work in reality, you see? now, if you conduct the f.b.i., and ask for information about a closed case, they will tell you that how they investi
asking him legal questions and expecting him off the cuff to provide legal responses. and instead of being some what fair and saying, since mr. grossman is here and he is an attorney, let him speak to some of these issue and answer your questions, you would rather let it be mr. shaw who can't, and in your knowledge, answer those questions. so that you have justification for doing what you want to do. >> the bottom line is if you find mr. st. croix independent, you are preparing your own...
SFGTV: San Francisco Government Television
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Nov 12, 2012
11/12
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briefs because the city attorney's office has expressed its legal opinion. we consider this a legal opinion so i don't want to -- i don't have a firm grasp of the number of sections so if there are questions about the city attorney's opinion i would rather have the city attorney's office dreaz that. >> i understand that. i wanted to know whether as an entity mta views -- i don't believe the city attorney has addressed this particular question whether this section of the charter has been superceded, and that's the provision that relates to to whether the board has the ability to grant or deny appeals. >> again it's a very legal question, and if the city attorney's opinion has not addressed it the more of a reason to address it to the city attorney. >> i mean in the memo. doesn't mean period. i want to know what mta's position is on that? you're taking no position. >> our opinion is that the city attorney's opinion is correct and as to a legislative policy issue related to the governance of the taxi industry in san francisco that is not something that the boar
briefs because the city attorney's office has expressed its legal opinion. we consider this a legal opinion so i don't want to -- i don't have a firm grasp of the number of sections so if there are questions about the city attorney's opinion i would rather have the city attorney's office dreaz that. >> i understand that. i wanted to know whether as an entity mta views -- i don't believe the city attorney has addressed this particular question whether this section of the charter has been...
SFGTV: San Francisco Government Television
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Nov 5, 2012
11/12
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so i don't know if it's legal or not. i can certainly pass that on to our colleagues at department of power, to see if that is a curb cut that was done illegally. but other than that, i'm available for any questions. actually, i'm not sure if mr. nale lives at the property or not. i don't know if that is a fact that has been raised. i'm available for any questions. thank you. >> commissioners, the matter is submitted. >> we have two matters that we're -- okay? >> correct. one is the appeal, the zoning administrator's extension to november 26th. >> they are both actually appeals. >> and the other is to not -- >> they are both objecting to the date. >> okay. but for different reasons. and desired outcomes, yes. that is right. >> okay. there is actually one additional point of view that was brought up when the counselor for permit holder was talking about what could or could not be done. or here in terms of decisions. there is one additional and that is given the timeline, i find that the zoning administrator has made signif
so i don't know if it's legal or not. i can certainly pass that on to our colleagues at department of power, to see if that is a curb cut that was done illegally. but other than that, i'm available for any questions. actually, i'm not sure if mr. nale lives at the property or not. i don't know if that is a fact that has been raised. i'm available for any questions. thank you. >> commissioners, the matter is submitted. >> we have two matters that we're -- okay? >> correct. one...
SFGTV: San Francisco Government Television
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Nov 4, 2012
11/12
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a legal assistant attorney.- ooy he assistedcÑdçló sailors marines and other active members with legal issues regarding immigration, financial landlord disputes and credit ñ?ñ? issues. currently as assistant district attorney"ñ?ñ for the city and county of san francisco he: ?ñ? works closely with the veterans who are incarcerated in!mñ?ñ? the legal justice system. he works closely with v.a. in attempting to resolve many of their issues that they're having, and offering rehabilitation treatment and support from social services agency to ensure thatw& hÑ these veterans, who are currently incarcerated, will get the much-neededesñ?ñ assistance and outreach that they soyñ?ñ? desire.kvñ?ñ?cck4y also with=%$sbhvÑ mr. maffei's legal background and law degree, we don't have a -- anyone in our commission that possess] qualification that he has. thank you supervisors, for this consideration. >> chair kim: thank you so much for being here\' this item? seeing none public comment is closed i'll say very quickly, i was very interested in particular in hearing michael maffei and'm;jd mi
a legal assistant attorney.- ooy he assistedcÑdçló sailors marines and other active members with legal issues regarding immigration, financial landlord disputes and credit ñ?ñ? issues. currently as assistant district attorney"ñ?ñ for the city and county of san francisco he: ?ñ? works closely with the veterans who are incarcerated in!mñ?ñ? the legal justice system. he works closely with v.a. in attempting to resolve many of their issues that they're having, and offering...
SFGTV: San Francisco Government Television
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Nov 19, 2012
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would do is mean new night time entertainment uses would not be permitted and the current uses are legal conforming uses like they have for the last 20 years. the existing night time uses could potentially expand 25% with conditional use and dna lounge that came before the commission to expand this year and they would allowed to reoccupy a building under demolition with the new code and they couldn't do under the current code. residential uses are allowed just as they are now, but there aren't many soft siteos that corridor where large amounts of residential development could take place. this is just a map showing what we already have proposed, so option 2a is -- there is 2a, 2b, 2c and variants and all of option two involves rezoning some portion of that corridor instead of wmug instead going to sally, so 2a essentially -- basically take all the properties here from harrison to folsom and zone those as sally and that is the only change and what that would do the night time entertainment uses that are there would be legal uses and new night time entertainment uses are permitted and no ne
would do is mean new night time entertainment uses would not be permitted and the current uses are legal conforming uses like they have for the last 20 years. the existing night time uses could potentially expand 25% with conditional use and dna lounge that came before the commission to expand this year and they would allowed to reoccupy a building under demolition with the new code and they couldn't do under the current code. residential uses are allowed just as they are now, but there aren't...
SFGTV: San Francisco Government Television
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Nov 27, 2012
11/12
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a continuation of the legal non conforming status north of harrison street. every club that currently exists is guaranteed rights to continue to exist forever. no dangers that we will lose any of the existing night clubs. stronger building code standards are written into the plan and placed the burden of sound proofing for venues. clubs as kobe mentioned will have the rights to expand. would change the club to allow non conforming status to continue on even beyond the demolition of the current building and continue that entertainment use after new construction is completed. we allow all forms of entertainment for expansion in the new area south of harrison street. it's just a logical extension of the purposes of the sally zoning district to have the service and light industrial uses with the prohibition of housing units it seems like a natural extension if the entertainment industry does need to expand sally seems like it's the place for that to occur. i'm sorry. we also welcome entertainment to be part of the folsom street commercial corridor through limited
a continuation of the legal non conforming status north of harrison street. every club that currently exists is guaranteed rights to continue to exist forever. no dangers that we will lose any of the existing night clubs. stronger building code standards are written into the plan and placed the burden of sound proofing for venues. clubs as kobe mentioned will have the rights to expand. would change the club to allow non conforming status to continue on even beyond the demolition of the current...